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### 1 Timeline of Written or Telephone Correspondence and Consultation Meetings between EPA Region IX and Tribes on BART FIPs for Four Corners Power Plant and Navajo Generating Station

Written or Telephone Correspondence

Date Originator Recip i ent Subject
August 19, 2009 Laura Yoshii, Acting Regional

Administrator President Joe Shirley Jr., Navajo Nation Telephone call to notify President Shirley that she will be signing Advanced Notice of Proposed Rulemaking (ANPR) on Four Corners Power Plant and Navajo Generating Station

August 19, 2009 Colleen McKaughan, Associate Director, Air Divison Environmental Directors or

Tribal Leaders of Hopi Tribe, Navajo Nation and NTEC Electronic Mail

– Notification of Signature of ANPR

August 28, 2009 Federal Register Publication of Advanced Notice of Proposed Rulemaking

September 16, 2009 President Joe Shirley Jr. Laura Yoshii Request for 30

- day extension of comment period

October 12, 2009 Mary Felter, Tribal Council Secretary and Action Chief

Executive Officer Laura Yoshii Request for consultation and extension of comment period

October 13, 2009 Shan Lewis, President of the

InterTribal Council of Arizona Laura Yoshii Request for consultation and extension of comment period

October 19, 2009 Laura Yoshii Secretary Mary Felter Invitation to consult and notification of comment period extension

October 26, 2009 Laura Yoshii President Joe Shirley Jr. Extending comment period on ANPR. Invitation to consult during this extended time and requested information on preferred consultation

method.

November 13, 2009 Laura Yoshii Individual letters to 20

Arizona Tribal Leaders Extending comment period on ANPR. Invitation to consult during this extended time and requested information on preferred consultation

method.

December 18, 2009 Colleen McKaughan Steven Etsitty, Executive Director of the Navajo Nation

EPA Extending comment period for Tribes to March 1, 2010 to allow for time for government to government consultation

February 23, 2010 Governor William Rhodes, Gila River Indian Community Jared Blumenfeld, Regional Administrator, EPA Region IX Comment Letter on ANPR focused on Navajo Generating StationLast Updated J u l

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### 2 February 26, 2010 President Clinton Pattea, Fort McDowell Yavapai Nation Jared Blumenfeld Request for consultation and comment letter on ANPR focused on Navajo Generating Station

March 1, 2010 President Joe S hirley Jr. Anita Lee, EPA Region IX Air

Division staff Comment Letter on ANPR

– concern about potential closure of

facilities

, SCR is not BART for NGS and FCPP at this time

March 1, 2010 Chairman Leroy Shingoitewa, Hopi Tribal Council Jared Blumenfeld Comment Letter on ANPR plus economic analysis conducted by ICF

International , focused on Navajo Generating Station

March 1, 201 0 Chairman Ned Norris Jr.,

Tohono O’odham Nation Jared Blumenfeld Comment Letter on ANPR focused on Navajo Generating Station

March 1, 201 0 Robert Palmquist, General

Counsel to Ak

- Chin Indian Community Jared Blumenfeld Comment Letter on ANPR focused on Navajo Generating Station

March 1, 2010 President Diane Enos, Salt

River Pima

- Maricopa Indian Community Jared Blumenfeld Comment Letter on ANPR focused on Four Corners Power Plant

October 6, 2010 Jared Blumenfeld President Joe Shirley, Jr. Telephone call to notify President Shirley that he has signed Proposed

BART determination for Four Corners Power Pla nt

October 19, 2010 Federal Register Publication of Proposed Rulemaking for Four Corners Power Plant

November 19, 2010 Steven Etsitty Jared Blumenfeld Letter to r equest for update on rescheduled workshops and public hearings. Offer of assistance from Navajo Nation EPA with hearings, workshops, consultation

November 23, 2010 Deborah Jordan, EPA Region

IX Air Division Director Steven Etsitty Letter to notify Navajo Nation EPA that APS has proposed an alternative to BART. Comment period extended to March 18, 2011. Hope that this additional time will allow for more dialogue and

consultation.

January 12, 2011 Colleen McKaughan and Anita

Lee Eugenia Quintana, Navajo Nation EPA, Director of the Air and Toxic Department Telephone call to discuss public hearing format and locations for Four Corners proposal scheduled for March 2011

February 9, 2011 Jared Blumenfeld President Joe Shirley, Jr. Telephone call to notify President Shirley that he has signed Supplemental Proposal for Four Corners Power Plant

February 25, 2011 Federal Register Publication of Supplemental Proposal for Four Corners Power PlantLast Updated J u l

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### 3 April 8, 2011 Representative of Gila River Indian Community Colleen McKaughan and Region IX staff Conference call to discuss relationship between Gila River water settelement agreement and Central Arizona Project , Navajo Generating Station

April 12, 2011 President Ben Shelly, Navajo

Nation Anita Lee, EPA Region IX Air

Division staff Request for government to government consultation on BART

Determination for Four Corners Power Plant

May 12, 2011 Jared Blumenfeld President Ben Shelly Confirmation of consultation request on FCPP BART (consulta tion meeting scheduled for May 19, 2011)

May 20, 2011 Governor William Rhodes, Gila River Indian Community Lisa Jackson, EPA

Administrator Request for consultation on Navajo Generating Station (NGS) and

BART

June 9, 2011 President Diane Enos, Salt

River Pima

- Maricopa Indian Community Lisa Jackson Request for consultation on Navajo Generating Station (NGS) and

BART

June 30, 2011 Jared Blumenfeld Individual letters to 21 Tribes,

1 Tribal NGO and National Congress of American Indians Invitation to consult on NGS and provide information to EPA on water

issues

July 14, 2011 Governor William Rhodes, Gila River Indian Community Lisa Jackson Request for consultation on Navajo Generating Station (NGS) and proposed Mercury Air Toxics Standard (MATS)

July 29, 2011 President Ben Shelly Lisa Jackson Request for consultation on Navajo Generating Station (NGS)

August 4, 2011 Jared Blumenfeld John Lewis, Executive

Director of the InterTribal

Council of Arizona Postponement of NGS BART consultation meetings in Phoenix and notification of Letter from David Hayes, Deputy Secretary of the Interior to Jared Blumenfeld, and EPA response to letter

August 25, 2011 Gina McCarthy, Assistant

Administrator for the EPA

Office of Air and Radiation President Ben Shelly Respo nse to July 29 letter, Consultation offered for September 16,

2011 in Phoenix for NGS BART

September 6, 2011 Jared Blumenfeld Individual letters to 19 Tribes Rescheduled NGS BART Consultation meetings in Phoenix

September 6, 2011 Jared Blumenfeld President Ben Shelly Follow up letter on May 19, 2011 consultation meeting on Four

Corners Power Plant

September 14, 2011 President Ben Shelly Gina McCarthy Request for consultation on NGS and proposed MATS

September 21, 2011 Chairman David Kwail, Yavapai Apache Nation Laura Yoshii Comment Letter on ANPRLast Updated J u l

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### 4 October 6, 2011 Janet McCabe, Deputy

Assistant Administrator for EPA Office Air and Radiation;

Technical Staff from EPA Office of Air Quality Planning

and Standards and Clean Air

Markets Division Representatives from several

Arizona Tribes Webinar and conference call to discuss technical issues associated with MATS modeling

October 14, 2011 Chairman Louis Manuel Jr.,

Ak

- Chin Indian Community Janet McCabe NGS, Proposed Air Quality Regulations, and Federal Trust Responsibility

May 21, 2012 Jared Blumenfeld President Ben Shelly Invitation to consult on Four Corners in June



### Consultation Meetings

Date Participants Subject

June 10, 2009 Meeting between Laura Yoshii and Joe Shirley Jr. Discuss moving forward on an Advanced Notice of Proposed Rulemaking on BART for Four Corners and NGS
October 8, 2009 Meeting with C. McKaughan and other Region 9 Staff with S. Etsitty and staff from Navajo Nation EPA Discuss ANPR

October 22, 2009 EPA Air Division, Navajo Nation EPA Attorney General, Division of Natural Resources, and Dine Power Authority , in Window Rock, AZ Further consultation would be best facilitated through Navajo Nation

EPA

December 15, 2009 Colleen McKaughan, Associate Director of the EPA Region IX Air Division and Water Policy Committee of the InterTribal

Council of Arizona , in Phoenix, AZ Provided summary briefing of ANPR

December 15, 2009 Colleen McKaughan and Representatives from Hopi Tribe Provided summary briefing of ANPR January 8, 2010 Lisa Jackson, EPA Administrator, Jared Blumenfeld, Regional Administrator, Tribal Leaders and NGOs in Phoenix, AZ Discuss ANPR and request for comments from Tribes

January 28, 2010 Colleen McKaughan and Representatives from Ak

- Chin Indian Community Discuss Navajo Generating Station and ANPR

February 1, 2010 Colleen McKaughan and Representatives from Gila River Indian Community Discuss ANPRLast Updated J u l

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### 5 March 3, 2010 Jared Blumenfeld, Regional Administrator, and Region IX Staff,

and numerous Tribal and Environmental NGOs in San Francisco Listening session on air quality issues in Four Corners area

April 6, 2010 Colleen McKaughan and Representatives from Ak

- Chin Discuss Navajo Generating Station
June 24, 2010 Colleen McKaughan and Representatives fr om Tohono O’odham Discuss Navajo Generating Station
October 1, 2010 Colleen McKaughan and Representatives of InterTribal Council

of Arizona Update on status of EPA BART analysis

November 29, 2010 Colleen McKaughan and Representatives of Tohono O’odham Discuss Navajo Generating Station
December 1, 2010 Colleen McKaughan and Representatives of InterTribal Council

of Arizona Update on status of EPA BART analysis

March 4, 2011 Colleen McKaughan and Representatives of Fort McDowell Indian Community Discuss Navajo Generating Station

May 19, 2011 Jared Blumenfeld and EPA staff, and President Shelly and Navajo Nation staff in San Francisco, CA Formal Consultation on FCPP BART to discuss upcoming comment letter from Navajo Nation September 16, 2011 Janet McCabe, Jared Blumenfeld, and other EPA staff from Region IX and Office of Air Quality Planning and Standards and Arizona Tribes (OAQPS), InterTribal Council of Arizona, Phoenix, AZ Formal Consultation on MATS , BART, and Navajo Generating

Station

Oc tober 12, 2011 Janet McCabe, Deputy Assistant Administrator for EPA Office Air and Radiation, Region IX Staff (by phone) and President Ben Shelly and staff, in Washington D.C Formal Consultation on MATS and Navajo Generating Station

October 14, 2011 Janet McCabe and other EPA staff from Region IX and OAQPS and Gila River Indian Community Governor Rhodes and Tribal

Council Continued Formal Consultation on MATS and Navajo Generating

Station

October 14, 2011 Janet McCabe and other EPA staff from Region IX and OAQPS and Hopi Chairman Shingoitewa and Tribal Council Formal Consultation on MATS and Navajo Generating Station

October 14, 2011 Janet McCabe and other EPA staff from Region IX and OAQPS

and Ak

- Chin Cha irman Manuel and Tribal Council Formal Consultation on MATS and Navajo Generating Station

October 25, 2011 Jared Blumenfeld and Gila River Indian Community Governor

Rhodes and Tribal Council Continued Formal Consultation on BART and Navajo Generating

Station
November 4, 2011 Janet McCabe and other EPA staff from Region IX and Gila River Indian Community Governor Rhodes Continued Formal Consultation on MATS and Navajo Generating

Station

November 8, 2011 Jared Blumenfeld and other EPA Region IX staff a nd representatives of DineCARE and San Juan Citizens Alliance Several concerns related to Four Corners Power Plant

January 29, 2012 Gina McCarthy meet with Hopi Tribe (part of visit to NGS) Formal c onsultation regarding finalization of MATS rule
January 30, 2012 Gina McCarthy roundtable meeting (part of EUEC conference in Phoenix, AZ), including ITCA and NTAA Discussion/information session regarding finalization of MATS ruleLast Updated J u l

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### 6 February 7, 2012 Janet McCabe meeting with Gila River (including Governor Greg Mendoza) Formal consultation regarding finalization of MATS rule

February 8, 2012 Janet McCabe, Deborah Jordan, Colleen McKaughan, InterTribal Council of Arizona, Phoenix, AZ Information session regarding MATS and BART at Navajo Generating

Station February 9, 2012 Jared Blumenfeld and other EPA staff from Region IX, with Lori Goodman (Dine CARE) Consultation regarding BART at Four Corners Power Plant in Farmington, NM May 3, 2012 Janet McCabe, Deborah Jordan, and other EPA staff, with

Environmental Defense Fund, National Parks Conservation Association, Dine CARE, To Nizhoni Ani, individuals from Navajo Nation and Hopi Tribe Consultation regarding Navajo Generating Station in Washington, DC

June 13, 2012 Jared Blumenfeld and EPA staff with President Shelly and other Navajo Nation staff Consultation on Four Corners Power Plant in San Francisco, CA